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immigration for mentally retarded sibling

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  • #16
    Rama--I think we all understand the point of your case. What it may well boil down to, and what you don't want to hear, is that you may have to make arrangements for someone in your homeland to take care of your brother until and if a visa is available for him. Or, your parents may have to wait until he is eligible to come. Or, you may have to return there yourself if they are not able to care for him. Your best bet is probably to check with a good lawyer about options posters may not have thought of. You will also need to check into what it will take to get a waiver of excludability for him, as it is extremely likely he would be denied under the "public charge" provisions.

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    • #17
      Rama--Re your comment about the U.S. expecting siblings of its citizens to be dumped without any support, it doesn't. It does expect the relatives of said siblings to support them, whether that means hiring someone overseas or going back themselves, or proving they can pay for the care of the sibling here. As a U.S. citizen, you are free to travel or work anywhere that will have you, and can return to the U.S. But your convenience does not drive immigration policy.

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      • #18
        It might go a little quicker if you just bring your parents and wait for them to become U.S. citizens. They could then upgrade his petition to one of the unmarried son or daughter of a US citizen.
        Have a nice day

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        • #19
          "your convenience does not drive immigration policy"

          Thats pretty much nailed it.

          Your brother can come to the US with the proper procedures that OldMan, Mohan, Aliba, etc specified, but it does take time.

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          • #20
            Hi I am in the same situation. I cannot bring my mother and my brother because he is dissabled.

            Please tell me did you find the way to bring him?

            Thank you so much.

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            • #21
              Your only option is for your brother to enter as a tourist or illegally.

              After he arrives as a tourist you can file for him and he can wait here.

              Otherwise enter illegally, then claim in deportation proceedings that he cannot live alone overseas because he is retarded and deportation will result in his death or in serious harm and hope the judge rules in his favor. Even if the judge doesn't you can appeal and go to the press. Or you can get a private bill from your Senator or Representative. Or hope for amnesty. ICE rarely deports retarded people anyway.

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              • #22
                Help required

                Originally posted by rama View Post
                i am a US citizen and am planning to sponsor my parents for permanent residency here in US.i have a mentally retarded sibling who is dependent on them completely.i have no other family to take care of him there.my father is a canadian citizen and my mother and sibling are indian citizens.all of them live in india.so when i file for I130 for my parents,will my brother get residency automatically or he will have to wait in the quota.if he does have to wait,is there any provision to bring him here while we are awaiting his immigration?

                Rama,

                We are in the same boat as you and would like to know if you had done anything regarding immigration for your sibling. We are trying to reach any help in any way we can and saw this forum and your discussion had given us hopes that there are some possibilities. Please let us know if you were successful in proceeding further and took any specific action to accomplish immigration to your sibling. Your help and reply are greatly appreciated.

                Regards,

                Kishore

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                • #23
                  I am in the same predicament as I am a US citizen who wants to petition my mentally disabled (Asperger's Syndrome) son who is 30 years old. Does anyone know what my options are?

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                  • #24
                    Still no relief

                    Originally posted by kalisipudi View Post
                    Rama,

                    We are in the same boat as you and would like to know if you had done anything regarding immigration for your sibling. We are trying to reach any help in any way we can and saw this forum and your discussion had given us hopes that there are some possibilities. Please let us know if you were successful in proceeding further and took any specific action to accomplish immigration to your sibling. Your help and reply are greatly appreciated.

                    Regards,

                    Kishore

                    Hi Kishore,

                    It looks like there is still no relief re immigration petition for mentally handicapped people as of last reading. Also, just today Obama has put forward public awareness on mental illness which is a positive development. We are hoping that this will open up to loosening immigration restrictions on mentally handicapped dependents coming to US.

                    Newday1

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                    • #25
                      federale86, I just went to USCIS and spoke with an immigration officer, re my mentally retarded 31 year old brother who is now here with me and my mother under tourist visa. I had applied for both of them, together though separately, I130 and adjustment of status. My mom's petition was accepted and she just completed her biometrics yesterday. Meanwhile, my bro's I130 with adjustment of status were denied.

                      The immigration officer referred me to ICE.

                      when you say, " after he arrives as a tourist, you can file for him and he can wait here"--- should I apply for my brother's I130 again and he can stay here indefinitely till the papers are completed?
                      Won't he be overstaying and be an illegal? He has been allowed to stay 6 months, with a 10-year multiple entry tourist visa...

                      thank you!

                      Comment


                      • #26
                        I am in the same boat as you. I have a mentally retarded sister who is dependent on my parents and they are all Indian citizens. I am a us citizen.
                        Can I sponsor my parents green card and when they get us citizenship eventually, would they be able to sponsor my sister's Green card. During this Period, they will all travel back and forth between India and us every 6 months to retain my sister's travel visa and also ensure that my parents stay here 6 months of the year.

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                        • #27
                          Meena1975 - I am in the same boat as you are. How did you get Tourist Visa for your sister ? Can you please share your insights.

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                          • #28
                            Macbel - How did you manage to get your brother here in US with you ? Is your brother in India as well ? Can you also provide more details on your comment " I had applied for both of them, together though separately, I130 and adjustment of status."

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                            • #29
                              why should your brother be given special privileges not available to others?

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                              • #30
                                Just have him lie during his tourist visa interview.....see what happens....'tourists' don't ask for visas so they can (a) scam medical benefits from the US taxpayers nor (b) use the visa to live in the US....which category is your brother?

                                Comment

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